Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Entitlement to public-funded costs after acquittal/appeal
  • 23 Feb 2021

    香港特別行政區 訴 曾健勇

    Citation
    [2021] HKCFI 388
    Court
    Court of First Instance
    Case number
    HCMA102/2019

    Appellant is entitled to the costs of the appeal against conviction, but is not entitled to recover trial costs from public funds because there were positive reasons to refuse them: objective evidence (CCTV) and appellant's conduct (failure to mention alleged injury to police, delayed medical treatment and admissions) gave rise to self-incriminatory inference relevant to the charges; additionally, the appeal was allowed for procedural error and not equivalent to an acquittal on the merits for costs purposes. The court also lacked jurisdiction to entertain the appeal against the order refusing…